Additional Shares of Common Stock

Example Definitions of "Additional Shares of Common Stock"
Additional Shares of Common Stock. All shares of Common Stock issued by the Issuer after the Original Issue Date, and all shares of Other Common, if any, issued by the Issuer after the Original Issue Date, except: (i) securities issued (other than for cash) in connection with a merger, acquisition, or consolidation, (ii) securities issued pursuant to the conversion or exercise of convertible or exercisable securities issued or outstanding on or prior to the Original Issue Date (so long as the conversion or exercise price in such... securities are not amended to lower such price and/or adversely affect the Holders), (iii) the Warrant Stock, (iv) securities issued in connection with bona fide strategic license agreements or other partnering arrangements so long as such issuances are not for the purpose of raising capital and (v) Common Stock issued or the issuance or grants of options to purchase Common Stock pursuant to the Issuer's stock option plans and employee stock purchase plans outstanding as they exist on the date of the Purchase Agreement. View More
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Additional Shares of Common Stock. All shares of Common Stock issued by the Issuer Company after the Original Issue Date, and all shares of Other Common, if any, issued by the Issuer Company after the Original Issue Date, except: (i) securities issued (other than for cash) in connection with a merger, acquisition, or consolidation, (ii) securities issued pursuant to the conversion or exercise of convertible or exercisable securities issued or outstanding on or prior to the Original Issue Date (so long as the conversion or... exercise price in such securities are not amended to lower such price and/or adversely affect the Holders), (iii) the Warrant Stock, (iv) securities issued in connection with bona fide strategic license agreements or other partnering arrangements so long as such issuances are not for the purpose of raising capital and capital, (v) Common Stock issued or the issuance or grants of non-plan options to purchase Common Stock to consultants, directors and/or employees that have been approved by the Board, (vi) securities issued pursuant to the Issuer's stock option plans and employee stock purchase plans outstanding as they exist on the date to, and/or in connection with, a bona fide firm underwritten public offering of the Purchase Agreement. Company's securities, (vii) the issuance of Common Stock upon the exercise or conversion of any securities described in clauses (i) through (vi) above. View More
Additional Shares of Common Stock. All shares of Common Stock issued by the Issuer after the Original Issue Date, and all shares of Other Common, if any, issued by the Issuer after the Original Issue Date, except: (i) securities issued (other than for cash) in connection with a merger, acquisition, or consolidation, (ii) securities issued pursuant to the conversion or exercise of convertible or exercisable securities issued or outstanding on or prior to the Original Issue Date date hereof (so long as the conversion or exercise... price in such securities are not amended to lower such price and/or adversely affect the Holders), Holders) or issued pursuant to the Purchase Agreements, (iii) securities issued pursuant to the terms of that certain Exchange Agreement, dated as of September 21, 2007, by and among the Maker and the holders signatory thereto, (iv) the issuance of the Notes and the Warrants, (v) the shares of Common Stock issuable upon the conversion of the Notes, (vi) the Warrant Stock, (iv) (vii) securities issued in connection with bona fide strategic license agreements or other partnering arrangements so long as such issuances are not for the purpose of raising capital and (v) capital, (viii) Common Stock issued or the issuance or grants of options to purchase Common Stock pursuant to the Issuer's stock option plans and employee stock purchase plans outstanding approved by the Issuer's board of directors, so long as such issuances in the aggregate do not exceed the number of shares of Common Stock (or options to purchase such number of shares of Common Stock) issuable pursuant to such plans as they exist on the date Original Issue Date, (ix) any warrants issued to the placement agent and its designees for the transactions contemplated by the Purchase Agreements, (x) the payment of any dividends on the Issuer's Series B convertible preferred stock, (xi) securities issued pursuant to a bona fide firm underwritten public offering of the Purchase Agreement. Issuer's securities, (xii) the payment of liquidated damages pursuant to the Registration Rights Agreement dated February 17, 2004 between the Issuer and the parties listed therein and (xiii) the issuance of Common Stock upon the exercise or conversion of any securities described in clauses (i) through (xii) above. View More
Additional Shares of Common Stock. All shares of Common Stock issued by the Issuer after the Original Issue Date, and all shares of Other Common, if any, issued by the Issuer after the Original Issue Date, except: (i) securities issued (other than for cash) in connection with a merger, acquisition, or consolidation, (ii) securities issued pursuant to a bona fide firm underwritten public offering of the Issuer's securities, (iii) securities issued pursuant to the conversion or exercise of convertible or exercisable excercisable... securities issued or outstanding on or prior to the Original Issue Date (so long as the conversion or exercise price in such securities are not amended to lower such price and/or adversely affect the Holders), (iii) date hereof, (iv) the Warrant Stock, (iv) (v) securities issued in connection with bona fide strategic license agreements or other partnering arrangements so long as such issuances are not for the purpose of raising capital and (v) capital, (vi) Common Stock issued or the issuance or grants of options to purchase Common Stock granted or iss ued pursuant to the Issuer's stock option plans and employee stock purchase plans outstanding as they exist now exist, (vii) any warrants issued to the placement agent and its designees for services rendered to the Issuer, (viii) the payment of any principal and accrued interest in shares of Common Stock pursuant to the secured convertible promissory notes issued on April 19, 2005, and (ix) the date payment of any dividends in shares of Common Stock pursuant to the Purchase Agreement. Issuer's Series C Convertible Preferred Stock. View More
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Additional Shares of Common Stock. All shares of Common Stock issued by the Issuer after the Original Issue Date, and all shares of Other Common, if any, issued by the Issuer after the Original Issue Date, except for Permitted Issuances
Additional Shares of Common Stock. All shares of Common Stock issued by the Issuer after the Original Issue Date, and all shares of Other Common, if any, issued by the Issuer after the Original Issue Date, except for those issued in a Permitted Issuances Financing
Additional Shares of Common Stock. All shares of Common Stock issued by the Issuer after the Original Issue Date, and all shares of Other Common, if any, issued by the Issuer after the Original Issue Date, except for those issued in a Permitted Issuances Financing.
Additional Shares of Common Stock. All shares of Common Stock issued by the Issuer after the Original Issue Date, and all shares of Other Common, if any, issued by the Issuer after the Original Issue Date, except for those issued in a Permitted Issuances Financing
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Additional Shares of Common Stock. All shares (including treasury shares) of Common Stock issued or sold (or, pursuant to Section 3.3 or 3.4, deemed to be issued) by the Company after the date hereof, whether or not subsequently reacquired or retired by the Company, other than (a) shares issued upon the exercise of the Warrants, (b) such number of additional shares as may become issuable upon the exercise of the Warrants by reason of adjustments required pursuant to the anti-dilution provisions applicable to the Warrants as in... effect on the date hereof, (c) (i) shares (not to exceed 3,539,450 shares as constituted on the date hereof) of Common Stock or options exercisable therefor, issued or to be issued under any employee stock option or purchase plan or plans, or pursuant to compensatory or incentive agreements, for officers, employees or consultants of the Company or any of its Subsidiaries, in each case adopted or assumed after such date by the Company's Board of Directors; provided in each case that the exercise or purchase price for any such share shall not be less than the Current Market Price of the Common Stock on the date of the grant (or, in the case of shares issued under the Company's employee stock purchase plan, at such other price as is then permitted for broadly-based employee stock purchase plans under Section 423 of the Internal Revenue Code of 1986, as amended), and (ii) such additional number of shares as may become issuable pursuant to the terms of any such plans by reason of adjustments required pursuant to antidilution provisions applicable to such securities in order to reflect any subdivision or combination of Common Stock, by reclassification or otherwise, or any dividend on Common Stock payable in Common Stock. View More
Additional Shares of Common Stock. All shares (including treasury shares) of Common Stock issued or sold (or, pursuant to Section 3.3 or 3.4, 3.2, deemed to be issued) by the Company after the date hereof, whether or not subsequently reacquired or retired by the Company, Effective Date, other than (a) (i) shares of Common Stock issued or issuable upon the exercise of the Warrants, (b) Term Loan Warrants and (ii) such additional number of additional shares of Common Stock as may become issuable upon the exercise of the Term Loan... Warrants by reason of adjustments required pursuant to the anti-dilution provisions applicable to the Term Loan Warrants as in effect on the date hereof, (c) (i) shares (not to exceed 3,539,450 shares as constituted hereof or on the date hereof) of original issuance thereof; (b) up to 5,000,000 shares of Common Stock (and following June 11, 2007, up to an additional 5,000,000 shares of Common Stock) that are issued to Persons other than Affiliates of the Company, including (i) shares of Common Stock or options exercisable therefor, issued or to be issued under the Company's 2000 Stock Option Plan as in effect on the Effective Date or under any other employee stock option or purchase plan or plans, or pursuant to compensatory or incentive agreements, for officers, employees or consultants of the Company or any of its Subsidiaries, in each case adopted or assumed after such date by the Company's Board of Directors; provided in each case that the exercise or purchase price for any such share shall not be less than 95% of the Current Market Price fair market value (determined in good faith by the Company's Board of Directors) of the Common Stock on the date of the grant (or, in the case of shares issued under the Company's employee stock purchase plan, at such other price as is then permitted for broadly-based employee stock purchase plans under Section 423 of the Internal Revenue Code of 1986, as amended), grant, and (ii) such additional number of shares as may become issuable pursuant to the terms of any such plans by reason of adjustments required pursuant to antidilution provisions applicable to such securities in order to reflect any subdivision or combination of Common Stock, by reclassification or otherwise, or any dividend on Common Stock payable in Common Stock. Stock, (ii) shares of restricted stock issued by the Company to executive officers of the Company, and (iii) shares of Common Stock issued by the Company as charitable gifts; and provided, however, that all options exercisable for shares of Common Stock granted to executive officers of the Company or its Affiliates during the six months following the Effective Date shall have an exercise price of no less than $4.50 per share; (c) (i) shares of Common Stock issued upon exercise of the Conversion Warrants and (ii) such additional number of shares of Common Stock as may become issuable upon the exercise of the Conversion Warrants by reason of adjustments required pursuant to anti-dilution provisions applicable to the Conversion Warrants as in effect on the Effective Date or on the date hereof. View More
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Additional Shares of Common Stock. All shares of Common Stock issued by the Issuer after the Original Issue Date, and all shares of Other Common, if any, issued by the Issuer after the Original Issue Date, except: (i) securities issued (other than for cash) in connection with a merger, acquisition, or consolidation, (ii) securities issued pursuant to the conversion or exercise of convertible or exercisable securities issued or outstanding on or prior to the Original Issue Date (so long as the conversion or exercise price in such... securities are not amended to lower such price and/or adversely affect the Holders), (iii) the Warrant Stock, (iv) securities issued in connection with bona fide strategic license agreements or other partnering arrangements so long as such issuances are not for the purpose of raising capital, (v) shares of Common Stock or options issued to employees, officers, consultants or directors of the Company pursuant to any stock or option plan duly adopted for such purpose by (A) a majority of the non-employee members of the Board of Directors or a majority of the members of a committee of non-employee directors established for such purpose and (B) a majority of the Company's stockholders (provided that any such issuances to employees, officers, consultants or directors shall be restricted with no registration rights, and shall not exceed 750,000 shares and/or options, in the aggregate (as adjusted for any stock dividend, stock split, stock combination, reclassification or similar transaction)) and (vi) securities issued as payment of dividends on the Series A Convertible Preferred Stock issued pursuant to the Purchase Agreement. View More
Additional Shares of Common Stock. All shares of Common Stock issued by the Issuer after the Original Issue Date, and all shares of Other Common, if any, issued by the Issuer after the Original Issue Date, except for Permitted Financings (as defined in the Purchase Agreement) and the Other Warrants.
Additional Shares of Common Stock. All shares of Common Stock issued by the Issuer after the Original Issue Date, and all shares of Other Common, if any, issued by the Issuer after the Original Issue Date, except: (i) securities issued (other than for cash) in connection with a strategic merger, acquisition, or consolidation, provided that the issuance of such securities in connection with such strategic merger, acquisition, or consolidation has been approved in advance by the Majority Holders, (ii) securities issued pursuant to... the conversion or exercise of convertible or exercisable securities issued or outstanding on or prior to the date of the Subscription Agreement or issued pursuant to the Subscription Agreement (so long as the conversion or exercise price in such securities are not amended to lower such price and/or adversely affect the Holders) which have previously been disclosed to the Holder, (iii) the Warrant Stock, (iv) securities issued in connection with bona fide strategic license agreements or other partnering arrangements so long as such issuances are not for the purpose of raising capital and provided that the issuance of such securities in connection with such bona fide strategic license agreements or other partnering arrangements has been approved in advance by the Majority Holders, (v) Common Stock issued or the issuance or grants of options to purchase Common Stock pursuant to the Issuer's equity incentive plans outstanding as they exist on the date of the Subscription Agreement, (vi) the issuance or grants of options to purchase Common Stock to employees, officers or directors of the Issuer pursuant to any equity incentive plan duly adopted by the Board or a committee thereof established for such purpose so long as such issuances in the aggregate do not exceed ten percent (10%) of the total number of then issued and outstanding shares of Common Stock, unless approved by the Majority Holders, and the specified price at which the options may be exercised is equal to or greater than the Per Share Market Value as of the date of such grant, (vii) any warrants, shares of Common Stock or other securities issued to a placement agent and its designees for the transactions contemplated by the Subscription Agreement, which have been previously disclosed to the Holder or in any other sales of the Issuer's securities and any securities issued in connection with any financial advisory agreements of the Issuer and the shares of Common Stock issued upon exercise of any such warrants or conversions of any such other securities and (viii) any warrants, shares of Common Stock or other securities issued to any advisor or consultant to the Company that are outstanding as of the date of the Subscription Agreement, or are to be issued pursuant to the terms of an engagement letter or other contractual obligation as of the date of the Subscription Agreement, and which have previously been disclosed to the Holder. View More
Additional Shares of Common Stock. Any shares of Common Stock issued by the Company after the Closing Date
Additional Shares of Common Stock. All shares of Common Stock issued by the Company after the Closing Date, other than shares issued in connection with the exercise or conversion of any warrant, option or convertible security
Additional Shares of Common Stock. All shares of Common Stock and Other Common Stock issued by the Issuer after the Agreement Date, except the Warrant Stock
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